BYSSE 117

LAW
RELAT
ED
STUDI
ES

MARRIAGE LAWS IN THE PHILIPPINES 1

BYSSE 117
LAW
RELAT
ACTIVITY NO. 1.

ED
Directions: Make your answers brief and concise. A Yes or a No answer with no legal justifications will not be
given points. Each item will be given 5 points.

STUDI
1. A man and a woman lived together as husband and wife for many years, but in the office of

ES
Manila Civil Registry, there was no record that a marriage between them had ever been
celebrated. Are we to presume that they are married?

ANSWER: Marriage is a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life (Article 1, Family Code). It
is considered as valid if the parties who are male and female and have legal capacity to contract
marriage freely consented to a marriage in the presence of the solemnizing officer (Article 2, Family
Code). In addition thereto, the solemnizing officer should have authority to solemnize marriage, that
there is a valid marriage license and that there is a marriage ceremony which takes place with the
appearance of the contracting parties before the solemnizing officer and their personal declaration that
they take each other as husband and wife in the presence of not less than two witnesses of legal age
(Article 3, Family Code).

After marriage, it shall be the duty of the person solemnizing the marriage to furnish either the
contracting parties the original of the marriage certificate and to send the duplicate and triplicate
copies of the certificate not later than fifteen (15) days after the marriage, to the local civil registrar of
the place where the marriage was solemnized (Article 23, Family Code).

The absence of a marriage certificate at the National Statistics Office (NSO) or even at the local
civil registry of the place where the marriage was solemnized does not connote that a marriage is fake
or that no marriage was celebrated at all. There is a valid marriage when all the requisites mentioned
above are present. It may be that the solemnizing officer only failed to perform his duty to file a copy of
the marriage certificate to the local civil registry or it may be that the local civil registry failed to make
it appear in its record the marriage certificate filed by the solemnizing officer. In connection therewith,
your son may present his copy or the copy of the solemnizing officer to the proper local civil registry for
late registration of marriage.
2. What are the rules on marriage by proxy?

MARRIAGE LAWS IN THE PHILIPPINES 2

BYSSE 117
LAW
RELAT
ANSWER: Let’s take this as an example. Joanna is getting married this November. Joanna and her
boyfriend Renzelle have already undergone the necessary preparations including the application for a

ED
marriage license. Joanna only went back to her work abroad in order to file her resignation. But
unfortunately she encountered some problems there regarding the transition of her work to the person

STUDI
who would replace her. Joanna’s wedding date is fast approaching, so she really worried that she may
not complete the transition before the big day. She’s contemplating to execute a Special Power of

ES
Attorney for her sister, Gabriella, so that the latter could appear for her just in case I could not make it
on time. Is this possible?

The answer is, NO. Your sister cannot appear on your behalf during your intended wedding date
even if she would have a Special Power of Attorney (SPA). This is already considered as marriage by
proxy, and it is not allowed under the Family Code of the Philippines. Pursuant to Article 2 of the law,
the essential requisites of marriage are:

“1) Legal capacity of the contracting parties who must be a male or female; and

2) Consent freely given in the presence of the solemnizing officer.”

The formal requisites, on the other hand, are found under Article 3 of the same law, which are: “1)
Authority of the solemnizing officer;

2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

3) A marriage ceremony, which takes place with the appearance of the contracting parties before the
solemnizing officer, and their personal declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age.”

Article 6 of the Family Code of the Philippines provides that “no prescribed form or religious
rite for the solemnization of marriage is required. It shall be necessary, however, for the contracting
parties to appear personally before the solemnizing officer and declare in the presence of no fewer than
two witnesses of legal age that they take each other as husband and wife. This declaration shall be
contained in the marriage certificate, which shall be signed by the contracting parties and their
witnesses and attested by the solemnizing officer.

It is therefore required that Joanna and her fiancé, Renzelle shall personally appear before the
solemnizing officer on their intended wedding date to declare in the presence of two (2) witnesses of

MARRIAGE LAWS IN THE PHILIPPINES 3

BYSSE 117
LAW
RELAT
legal age that you take each other as husband and wife. Marriage by proxy is void because of the
absence of the essential requisite that the consent must be freely given in the presence of the solemnizing

ED
officer. This finds support under the first paragraph of Article 4 of the Family Code of the Philippines,
which states that “the absence of any of the essential xxx requisites shall render the marriage void ab

STUDI
initio, except as stated in Article 35 (2).”
3. Enumerate the different marriages of exceptional character (no marriage license is required).

ES
ANSWER: Marriages of Exceptional Character - Civil Code of the Philippines (R.A. 386) CHAPTER 2
- Marriages of Exceptional Character

Article 72. In case either of the contracting parties is on the point of death or the female has her
habitual residence at a place more than fifteen kilometers distant from the municipal building and there
is no communication by railroad or by provincial or local highways between the former and the latter,
the marriage may be solemnized without necessity of a marriage license; but in such cases the official,
priest, or minister solemnizing it shall state in an affidavit made before the local civil registrar or any
person authorized by law to administer oaths that the marriage was performed in articulo mortis or at a
place more than fifteen kilometers distant from the municipal building concerned, in which latter case
he shall give the name of the barrio where the marriage was solemnized. The person who solemnized
the marriage shall also state, in either case, that he took the necessary steps to ascertain the ages and
relationship of the contracting parties and that there was in his opinion no legal impediment to the
marriage at the time that it was solemnized. (20)

Article 73. The original of the affidavit required in the last preceding article, together with a copy of the
marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of
the municipality where it was performed within the period of thirty days, after the performance of the
marriage. The local civil registrar shall, however, before filing the papers, require the payment into the
municipal treasury of the legal fees required in article 65. (21)

Article 74. A marriage in articulo mortis may also be solemnized by the captain of a ship or chief of an
airplane during a voyage, or by the commanding officer of a military unit, in the absence of a chaplain,
during war. The duties mentioned in the two preceding articles shall be complied with by the ship
captain, airplane chief or commanding officer. (n)

Article 75. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls
of the Republic of the Philippines. The duties of the local civil registrar and of a judge or justice of the

MARRIAGE LAWS IN THE PHILIPPINES 4

BYSSE 117
LAW
RELAT
peace or mayor with regard to the celebration of marriage shall be performed by such consuls and vice-
consuls. (n)

ED
Article 76. No marriage license shall be necessary when a man and a woman who have attained the age
of majority and who, being unmarried, have lived together as husband and wife for at least five years,

STUDI
desire to marry each other. The contracting parties shall state the foregoing facts in an affidavit before
any person authorized by law to administer oaths. The official, priest or minister who solemnized the

ES
marriage shall also state in an affidavit that he took steps to ascertain the ages and other qualifications
of the contracting parties and that he found no legal impediment to the marriage. (n)

Article 77. In case two persons married in accordance with law desire to ratify their union in conformity
with the regulations, rites, or practices of any church, sect, or religion it shall no longer be necessary to
comply with the requirements of Chapter 1 of this Title and any ratification so made shall merely be
considered as a purely religious ceremony. (23)

Article 78. Marriages between Mohammedans or pagans who live in the non- Christian provinces may
be performed in accordance with their customs, rites or practices. No marriage license or formal
requisites shall be necessary. Nor shall the persons solemnizing these marriages be obliged to comply
with article 92. However, twenty years after approval of this Code, all marriages performed between
Mohammedans or pagans shall be solemnized in accordance with the provisions of this Code. But the
President of the Philippines, upon recommendation of the Secretary of the Interior, may at any time
before the expiration of said period, by proclamation, make any of said provisions applicable to the
Mohammedan and non-Christian inhabitants of any of the non-Christian provinces. (25a)

Article 79. Mixed marriages between a Christian male and a Mohammedan or pagan female shall be
governed by the general provision of this Title and not by those of the last preceding article, but mixed
marriages between a Mohammedan or pagan male and a Christian female may be performed under the
provisions of the last preceding article if so desired by the contracting parties, subject, however, in the
latter case to the provisions of the second paragraph of said article. (26)
4. Aries who is a citizen of Turkey, is validly married there simultaneously to three wives, namely,
Angelika, Ann Mica and Baby Anne, by each of whom he has children. Will the marriages be
considered as valid in the Philippines?

ANSWER: Marrying more than woman is called polygamy. The current family law in Turkey refers to
the Turkish Civil Law Code issued in 1926. This law contains marriage provisions (covering

MARRIAGE LAWS IN THE PHILIPPINES 5

BYSSE 117
LAW
RELAT
engagement issues, marriage age, mahram, polygamy, wedding reception, Cancellation of marriage),
divorce and separation, compensation and inheritance law. The 1926 law was born by adopting The

ED
Swiss Civil Code of 1912 with little change in accordance with the demands of Turkish conditions. As a
country that has adopted the modern legislative process, the amendments to the law are always made be

STUDI
in accordance with the condition of the times. Similarly to the 1926 Act, six amendments have been
made. These amendments resulted, among other things, relating to compensation, marriage

ES
dispensation, married couples given the opportunity to improve relationships when separating beds, as
well as the elimination of all forms of divorce out of court.

With regard to the provisions of polygamy, Turkey prohibits the marriage of more than one wife
during the first marriage is still in progress. The Turikish Code provides that no person shall marry
again unless he proves that the earlier marriage has been dissolved by the death of either party or by
divorce or by decree of nullity and that a second marriage may be declared invalid by the Court on the
ground that a person had a spouse living at the time of marriage. The provisions of banning polygamy
are contained in the Civil Code of 1926, articles 93, 112 and 114 which essentially prohibit the practice
of polygamy and offenders are punishable. The permission of polygamy given by the Qur‟an subject to
certain specified condition has, thus, been voluntarily abandoned by the Turish Muslims. The reason for
this, as stated by some Turish scholars, was that the Qur‟anic legislation on the subject was “ a great
improvement over the unlimited polygamy of pre-Islamic Arabia thus pointing out the way to
monogamy,” and the changed social and economic conditions of the Turkish had made the Qur‟anic
condition for polygamy “unrealisable”.

In the Ottoman law of family rights in 1917, Article 38 stipulates the permissibility of ta‟liq
talaq for the wife that her husband should not marry another woman (polygamy). In 1915, the sultan in
his decree stated that the wife could ask for a divorce if the husband left his wife. Another provision was
issued in the same year in which a wife could ask for a divorce on the grounds that the husband had a
disease that made it impossible to live together as a husband and wife.

According to the Family Code of the Philippines, a marriage celebrated abroad is valid in the
Philippines provided that the same is also valid in the place where it was celebrated. This is in
accordance with Article 26 of the law, which states: “Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the country where they were solemnized, and valid
there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5)
and (6), 36, 37 and 38.

MARRIAGE LAWS IN THE PHILIPPINES 6

BYSSE 117
LAW
RELAT
5. Allen, a 23-year-old man married Abigail a 21-year-old girl without a marriage license, but previous to
the marriage they had been living together for three years. Is the marriage valid or void?

ED
The marriage of Allen and Abigail is void from the beginning as stated from Article 34 of Family Code of the
Philippines, “ No LIENSE shall be NEGESSARY for the marriage of a man and a woman who have lived

STUDI
together as husband and wife for at least five years and without any legal impediment to marry EAGH other.
The GONTRAGTING parties shall state the foregoing FAGTS in an affidavit before any person authorized by

ES
law to administer oaths. The solemnizing OFFIGER shall also state under oath that he ASGERTAINED the
QUALIFIGATIONS of the GONTRAGTING parties and found no legal impediment to the marriage. (76a)

A marriage celebrated without a valid marriage license is null and void, unless the contracting parties are
exempt from this requisite (Articles 4 and 35(3), Family Code of the Philippines). One of the exceptions
mentioned by law where marriage license is not required is when the contracting parties have cohabited for 5
years or more as husband and wife without the benefit of marriage. However, during their cohabitation, the law
requires that they must not have any legal impediment to marry each other. This is explicitly provided by
Article 34 of the Family Code of the Philippines:
“Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as
husband and wife for at least five years and without any legal impediment to marry each other. The contracting
parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths.
The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting
parties and found no legal impediment to the marriage.”
Since as per your narration you did not actually cohabit with your husband prior to the celebration of your
marriage, you were not exempt from obtaining the required marriage license. Thus, the said marriage is null and
void in the absence of a valid marriage license during its celebration. The same is true, even assuming that you
cohabited with your husband, considering that you were still a minor at the start of your supposed cohabitation.
Being a minor is a legal impediment to marry, therefore, the provision of the above mentioned law is still not
met.
The significance of a marriage license was discussed by the Supreme Court in the case of Engrace Niñal vs.
Norma Bayadog (G.R. No. 133778, March 14, 2000), to wit:

“The requirement and issuance of marriage license is the State’s demonstration of its involvement and
participation in every marriage, in the maintenance of which the general public is interested. This interest
proceeds from the constitutional mandate that the State recognizes the sanctity of family life and of affording

MARRIAGE LAWS IN THE PHILIPPINES 7

BYSSE 117
LAW
RELAT
protection to the family as a basic “autonomous social institution.” Specifically, the Constitution considers
marriage as an “inviolable social institution,” and is the foundation of family life which shall be protected by

ED
the State. This is why the Family Code considers marriage as “a special contract of permanent union” and case
law considers it “not just an adventure but a lifetime commitment.”

STUDI
Marriage is a contract which binds the parties thereof. Like other contracts, our laws provide for a set of
requisites in order to consider a contract of marriage valid and binding. According to Article 2 of the Family

ES
Code of the Philippines: “No marriage shall be valid, unless these essential requisites are present: (1) Legal
capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the
presence of the solemnizing officer.” Article 3 of the said law further provides the formal requisites of a
contract of marriage, to wit: “(1) Authority of the solemnizing officer; (2) A valid marriage license except in the
cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony which takes place with the
appearance of the contracting parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses of legal age.”
Given that a valid marriage license is one of the formal requisites mentioned under the law, the absence thereof
renders a marriage void ab initio. (Article 4, Id.) This is further emphasized under Article 35 of the Family Code
of the Philippines which provides that: “The following marriages shall be void from the beginning: x x x (3)
Those solemnized without license, except those covered in the preceding Chapter; x x x”

Accordingly, your marriage with your husband is considered void from the very beginning because, as you have
mentioned, your marriage was celebrated despite the absence of a valid marriage license.
g6. Bong Bong, a 30-year-old man has been living for five years as the common-law husband of Margie who is
now 17 years old. Do you believe that they can get validly married even without a marriage license?
In order for a marriage to be valid, the following essential requisites must be present: (a) legal capacity of the
contracting parties who must be male and female; and (b) consent freely given in the presence of the
solemnizing officer (Article 2, Family Code of the Philippines). The formal requisites of marriage are: (a)
authority of the solemnizing officer; (b) a valid marriage license except in the cases provided for in Chapter 2,
Title 1 of the Family Code of the Philippines; (c) a marriage ceremony which takes place with the appearance of
the contracting parties before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age. (Article 3,Ibid.) The absence of
any of the essential or formal requisites shall render the marriage void ab initio. (Article 4, Ibid.)
For a person to contract marriage, he or she must have the legal capacity, this is provided under
Article 5 of the same code, which states that: “Any male or female of the age of 18 years or
upwards not under any of the impediments mentioned in Articles 37 (incestuous marriages) and 38

MARRIAGE LAWS IN THE PHILIPPINES 8

BYSSE 117
LAW
RELAT
(void marriages for reasons of public policy) of the Family Code of the Philippines, may contract
marriage.”

ED
In your situation, it is very clear from the onset that your marriage is void for lack of legal capacity
to marry considering that you were still a minor at that time. The kind of marriage you had

STUDI
contracted falls squarely under No. 1, Article 35 of the Family Code, which provides that those
marriages contracted by any party below 18 years of age even with the consent of parents or
guardian shall be void.

ES
For this entry, allow me to focus on something that appears to be increasingly common nowadays
— the “live-in” relationship, also called “common-law marriage“. This is governed by Article 147
of the Family Code, which reads:

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with
each other as husband and wife without the benefit of marriage or under a void marriage, their
wages and salaries shall be owned by them in equal shares and the property acquired by both of
them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be
presumed to have been obtained by their joint efforts, work or industry, and shall be owned by
them in equal shares. For purposes of this Article, a party who did not participate in the acquisition
by the other party of any property shall be deemed to have contributed jointly in the acquisition
thereof if the former’s efforts consisted in the care and maintenance of the family and of the
household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property
acquired during cohabitation and owned in common, without the consent of the other, until after the
termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith
in the co-ownership shall be forfeited in favor of their common children. In case of default of or
waiver by any or all of the common children or their descendants, each vacant share shall belong to
the respective surviving descendants. In the absence of descendants, such share shall belong to the
innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.

MARRIAGE LAWS IN THE PHILIPPINES 9

BYSSE 117
LAW
RELAT
The Family Code (Art. 147) recognizes, and expressly governs the property relations in, the
ED
relationship where a man and a woman live exclusively with each other just like a husband and
wife, but without the benefit of marriage (or when the marriage is void). It is required, however,

STUDI
that both must be capacitated, or has no legal impediment, to marry each other (for instance,
couples under a “live-in” relationship will not be covered under this provision if one or both has a
prior existing marriage).

ES
7. Alexis is a Roman Catholic priest. He met Carlina who is a regular church goer. The two fall in love with
each other. Can they get married?
Imagine, Alexis is your Catholic parish priest dashing or ending a mass because his partner or his infant met an
accident. Or that priest is budgeting a section of a parish’s bucks for his wife’s and his children’s needs. Such
scenarios are not impossible if we let our Catholic priest be married.

8. Darryl and Clarisse are the parents by nature of Donald, who is eventually adopted by Maniflor. If Donald
dies with an intestate estate of P1, 200, 000, how will the estate be divided.
9. Ella, a woman in good faith married GlennMarc, a man whom she thought to be unmarried but who was in
reality already married. Is the second marriage valid.
10. Jericson married Jennifer, through force and intimidation. Later, a child Alexis was conceived. In the
meantime, Jennifer had brought an action for annulment. A few weeks later, the annulment was granted. Some
months afterwards, child Alexis was finally born. What is the status of child Alexis?

MARRIAGE LAWS IN THE PHILIPPINES 10